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Indian Law/Share in self aquired property


I have two younger brothers and one elder sister. Sister is married to a
school teacher, and brothers after M.A. degree have become college
lecturers. My father was a farmer, cultivated mainly with rain water.

My father helped me to study till B.Sc, and to study M.Sc my father was
unable to support fully due to lack of money. So, I took the Govt of
India National Educational Loan Scholarship, which was awarded based on
my B.Sc merit. Now, I have paid back all the loan amount with interest.

I was aimed to become a scientist, and hence appeared for an entrance
test and interviews. I got selected for a PhD program. Govt of India gave
me Junior Research Fellowship (JRF) for the first two years and for
another two years the Senior Research Fellowship (SRF). I successfully
completed PhD research work, and got the PhD degree in 1993. Based on the
quality of my research publications, I got a postdoctoral research
fellowship to work in Germany. Hence I had been to Germany with wife and
son for nearly two years.

In 1999, with my savings, I purchased one site in Bangalore, and one acre
land with cocanut trees in my home town. They are registered in my name,
and their katha and tax paid are also in my name. I also paid for the
land development of ancestral property at my home town.

Later in 2000, our ancestral property was divided between the three
brothers, sister and parents with appropriate shares to which every one
agreed happily. Then, I left my share of property along with one acre
land to my younger most brother to look after, as his job was not
regularized yet. For the past thirteen years, I have been working as a
scientist in an Institute in Bangalore, which is under Govt of India.

In 2008, both the brothers got regularized their Govt lecturer jobs and
living better off. So, I asked to return my property or pay me yearly
some fixed amount.
(1) But they are telling I must give them shares in my
   self acquired properties too. Their logic is our father gave you the
   education and hence you acquired those properties. Therefore, we are
   entitled for the shares.
(2) Also, if I leave my property in the possession of my brother for
   longer time,  will there be problems in future.
I request for your comments or advises on these issues (1) and (2).

First of all I am pleased to see achievment after achievement in your career.Not only you but even your brothers are also doing well.Particularly your academic achievement is superb.All of you have made your parents very proud.
Now coming to your basic query,I would like to inform you that since you are the true owner of the properties,it is your discretion about the enjoyment of that property.Technically, it is called right in rem.In other words, it means right against everybody in this world.So, you are enjoying this right not only against your brothers but against everybody in this world.So no question of giving any share to them.However,they should enjoy possession of those properties subject to your consent.Otherwise, it will be difficult to evict them in case of your genuine need.Moreover, they may ultimately become its owners due to too long period of enjoying the possession.This is technically called adverse possession or prescription.
It is a process by which premises can change ownership,without compensation, by holding the property in a manner that conflicts with the true owner's rights. It is governed by the provisions of the Transfer of Property Act.
In view of the above,please allow them to enjoy the possession subject to a registered Family Settlement Deed.Kindly take above actions in consultation with a suitable lawyer.

Indian Law

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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